home *** CD-ROM | disk | FTP | other *** search
- NOTICE: This opinion is subject to formal revision before publication in the
- preliminary print of the United States Reports. Readers are requested to
- notify the Reporter of Decisions, Supreme Court of the United States, Wash-
- ington, D.C. 20543, of any typographical or other formal errors, in order that
- corrections may be made before the preliminary print goes to press.
- SUPREME COURT OF THE UNITED STATES
- --------
- Nos. 94-834 and 94-835
- --------
- NORTH STAR STEEL COMPANY, PETITIONER
- 94-834 v.
- CHARLES A. THOMAS et al.
-
- CROWN CORK & SEAL CO., INC., PETITIONER
- 94-835 v.
- UNITED STEELWORKERS OF AMERICA,
- AFL-CIO-CLC
- on writs of certiorari to the united states court
- of appeals for the third circuit
- [May 30, 1995]
-
- Justice Souter delivered the opinion of the Court.
- The Worker Adjustment and Retraining Notification
- Act (WARN or Act), 102 Stat. 890, 29 U. S. C. 2101 et
- seq., obliges covered employers to give employees or their
- union 60 days notice of a plant closing or mass layoff.
- These consolidated cases raise the issue of the proper
- source of the limitations period for civil actions brought
- to enforce the Act. For actions brought in Pennsylvania,
- and generally, we hold it to be state law.
-
- I
- With some exceptions and conditions, WARN forbids
- an employer of 100 or more employees to -order a plant
- closing or mass layoff until the end of a 60-day period
- after the employer serves written notice of such an
- order.- 29 U. S. C. 2102(a). The employer is supposed
- to notify, among others, -each affected employee- or
- -each representative of the affected employees.- 29
- U. S. C. 2102(a)(1). An employer who violates the
- notice provisions is liable for penalties by way of a civil
- action that may be brought -in any district court of the
- United States for any district in which the violation is
- alleged to have occurred, or in which the employer
- transacts business.- 2104(a)(5). The class of plaintiffs
- includes aggrieved employees (or their unions, as
- representatives), ibid., who may collect -back pay for
- each day of violation,- 2104(a)(1)(A), -up to a maximum
- of 60 days,- 2104(a)(1). While the terms of the statute
- are specific on other matters, WARN does not provide a
- limitations period for the civil actions authorized by
- 2104.
- In Crown Cork, respondent United Steelworkers of
- America brought a WARN claim in Federal District
- Court in Pennsylvania, charging Crown Cork & Seal Co.,
- Inc. with laying off 85 employees at its Perry, Georgia
- plant in September 1991, without giving the required
- 60-day notice. Crown Cork moved for summary judg-
- ment, claiming that the statute of limitations had run.
- The District Court denied the motion, holding the source
- of the limitations period for WARN suits to be Pennsyl-
- vania state law and the union's suit timely under any of
- the arguably applicable state statutes. 833 F. Supp. 467
- (ED Pa. 1993). The District Court nevertheless certified
- the question of the limitations period for immediate
- interlocutory appeal under 28 U. S. C. 1292.
- The North Star respondents are former, non-union
- employees of petitioner North Star Steel Company who
- filed a WARN claim against the company (also in a
- Federal District Court in Pennsylvania) alleging that the
- company laid off 270 workers at a Pennsylvania plant
- without giving the 60-day advance notice. Like Crown
- Cork, and for like reasons, North Star also moved for
- summary judgment. But North Star was successful, the
- District Court holding the suit barred under the 6-month
- limitations period for unfair labor practice claims
- borrowed from the National Labor Relations Act (NLRA),
- 49 Stat. 449, 29 U. S. C. 160(b), a statute believed by
- the Court to be -more analogous- to WARN than any-
- thing in state law. 838 F. Supp. 970, 974 (MD Pa.
- 1993).
- The United States Court of Appeals for the Third
- Circuit consolidated the cases and held that a period of
- limitations for WARN should be borrowed from state,
- not federal, law, reversing in North Star and affirming
- in Crown Cork. 32 F. 3d 53 (1994). Like the District
- Court in Crown Cork, the Court of Appeals did not pick
- from among the several Pennsylvania statutes of
- limitations that might apply to WARN, since none of
- them would have barred either of the actions before it.
- The Third Circuit's decision deepened a split among
- the Courts of Appeals on the issue of WARN's limita-
- tions period. See United Paperworkers Int'l Union v.
- Specialty Paperboard, Inc., 999 F. 2d 51 (CA2 1993)
- (applying state law limitations period); Halkias v.
- General Dynamics Corp., 31 F. 3d 224 (CA5) (applying
- NLRA limitations period), reh'g en banc granted, 1994
- U. S. App. LEXIS 26998 (CA5, Sept. 22, 1994); United
- Mine Workers of America v. Peabody Coal Co., 38 F. 3d
- 850 (CA6 1994) (same). We granted certiorari to resolve
- it, 513 U. S. ___, (1995), and now affirm.
-
- II
- A
- A look at this Court's docket in recent years will show
- how often federal statutes fail to provide any limitations
- period for the causes of action they create, leaving
- courts to borrow a period, generally from state law, to
- limit these claims. See, e.g., Reed v. United Transporta-
- tion Union, 488 U. S. 319 (1989) (claims under
- 101(a)(2) of the Labor-Management Reporting and
- Disclosure Act of 1959, 73 Stat. 522, 29 U. S. C.
- 411(a)(2), governed by state personal injury statutes);
- Agency Holding Corp. v. Malley-Duff & Associates, Inc.,
- 483 U. S. 143 (1987) (civil actions under Racketeer
- Influenced and Corrupt Organizations Act (RICO), 18
- U. S. C. 1964, governed by 4-year statute of limitations
- of the Clayton Act, 69 Stat. 283, as amended, 15
- U. S. C. 15b); Wilson v. Garcia, 471 U. S. 261 (1985)
- (civil rights claims under 42 U. S. C. 1983 governed by
- state statutes of limitations for personal injury actions);
- DelCostello v. Teamsters, 462 U. S. 151 (1983) (hybrid
- suit by employee against employer for breach of a
- collective bargaining agreement and against union for
- breach of a duty of fair representation governed by
- NLRA limitations period). Although these examples
- show borrowing from federal law as well as state, our
- practice has left no doubt about the lender of first
- resort. Since 1830, -state statutes have repeatedly
- supplied the periods of limitations for federal causes of
- action- when the federal legislation made no provision,
- Automobile Workers v. Hoosier Cardinal Corp., 383 U. S.
- 696, 703-704 (1966), and in seeking the right state rule
- to apply, courts look to the state statute -`most closely
- analogous'- to the federal act in need, Reed, 488 U. S.,
- at 323, quoting DelCostello, supra, at 158. Because this
- penchant to borrow from analogous state law is not only
- -longstanding,- Agency Holding Corp., supra, at 147, but
- -settled,- Wilson, supra, at 266, -it is not only appropri-
- ate but also realistic to presume that Congress was
- thoroughly familiar with [our] precedents . . . and that
- it expect[s] its enactment[s] to be interpreted in conform-
- ity with them,- Cannon v. University of Chicago, 441
- U. S. 677, 699 (1979). See Agency Holding Corp., supra,
- at 147.
- There is, of course, a secondary lender, for we have
- recognized -a closely circumscribed . . . [and] narrow
- exception to the general rule,- Reed, supra, at 324,
- based on the common sense that Congress would not
- wish courts to apply a limitations period that would only
- stymie the policies underlying the federal cause of
- action. So, when the state limitations periods with any
- claim of relevance would -`frustrate or interfere with the
- implementation of national policies,'- DelCostello, 462
- U. S., at 161, quoting Occidental Life Ins. Co. v. EEOC,
- 432 U. S. 355, 367 (1977), or be -at odds with the
- purpose or operation of federal substantive law,-
- DelCostello, supra, at 161, we have looked for a period
- that might be provided by analogous federal law, more
- in harmony with the objectives of the immediate cause
- of action. See, e.g., Lampf, Pleva, Lipkind, Prupis &
- Petigrow v. Gilbertson, 501 U. S. 350, 362 (1991); Agency
- Holding Corp., supra, at 153, 156; DelCostello, supra, at
- 171-72. But the reference to federal law is the excep-
- tion, and we decline to follow a state limitations period
- -only `when a rule from elsewhere in federal law clearly
- provides a closer analogy than available state statutes,
- and when the federal policies at stake and the practical-
- ities of litigation make that rule a significantly more
- appropriate vehicle for interstitial lawmaking.'- Reed,
- supra, at 324, quoting DelCostello, supra, at 172.
-
- B
- This case falls squarely inside the rule, not the excep-
- tion. The presumption that state law will be the source
- of a missing federal limitations period was already
- -longstanding,- Agency Holding Corp., supra, at 147,
- when WARN was passed in 1988, justifying the assump-
- tion that Congress -intend[ed] by its silence that we
- borrow state law,- ibid. Accordingly, the Court of
- Appeals identified four Pennsylvania statutes of limita-
- tions that might apply to WARN claims: the 2-year
- period for enforcing civil penalties generally, Pa. Stat.
- Ann., Tit. 42, 5524(5) (Purdon 1981 and 1994 Supp.);
- the 3-year period for claims under the Pennsylvania
- Wage Payment and Collection Law, Pa. Stat. Ann., Tit.
- 43, 260.9a(g) (Purdon 1992); the 4-year period for
- breach of an implied contract, Pa. Stat. Ann., Tit. 42,
- 5525(4) (Purdon 1981); and the six years under the
- residual statute of limitations, Pa. Stat. Ann., Tit. 42,
- 5527 (Purdon 1981 and 1994 Supp.). See 32 F. 3d, at
- 61. Since the complaints in both Crown Cork and North
- Star were timely even under the shortest of these, there
- is no need to go beyond the decision of the Court of
- Appeals to choose the best of four, and it is enough to
- say here that none of these potentially-applicable
- statutes would be -at odds- with WARN's -purpose or
- operation,- or -`frustrate or interfere with'- the intent
- behind it. DelCostello, 462 U. S., at 161.
- The contrast with DelCostello is clear. There the
- Court declined to borrow state limitations periods for so-
- called -hybrid- claims brought by an employee against
- both his employer and his union, for the reason that the
- state law candidates -typically provide[d] very short
- times- for suit (generally 90 days) and thus -fail[ed] to
- provide an aggrieved employee with a satisfactory
- opportunity to vindicate his rights.- Id., at 166 and
- n. 15. Here, the shortest of the arguably usable state
- periods, however, is two years, which is not short
- enough to frustrate an employee seeking relief under
- WARN. At the other end, even the longest of the
- periods, six years, is not long enough to frustrate the
- interest in -a relatively rapid disposition of labor
- disputes.- See Automobile Workers, supra, at 707
- (borrowing a 6-year state limitations period for claims
- brought under 301 of the Labor Management Relations
- Act).
- We do not take petitioners to disagree seriously, for
- the heart of their argument is not that the state periods
- are too long or too short. They submit instead that, if
- we look to state law, WARN litigation presents undue
- risks of forum shopping, such that we ought to pick a
- uniform federal rule for all claims (with the NLRA, and
- its 6-month limitations period for unfair labor practices
- claims, 29 U. S. C. 160(b), being the federal act most
- analogous to WARN). But even taking petitioners on
- their own terms, they make no case for choosing the
- exception over the rule. They are right of course that
- the practice of adopting state statutes of limitations for
- federal causes of action can result in different limita-
- tions periods in different states for the same federal
- action, and correct that some plaintiffs will canvass the
- variations and shop around for a forum. But these are
- just the costs of the rule itself, and nothing about
- WARN makes them exorbitant.
- It is, indeed, true that -practicalities of litigation-
- influenced our rationale for adopting a uniform federal
- rule for civil actions under RICO. Agency Holding
- Corp., 483 U. S., at 153. But WARN's obligations are
- triggered by a -plant closing- or a -mass layoff- at a
- -single site of employment,- 29 U. S. C. 2101(a)(2)-(3),
- and so, unlike RICO violations, do not -commonly
- involve interstate transactions.- Agency Holding Corp.,
- supra, at 153. WARN thus fails to share the -multistate
- nature- of RICO, id., at 154, and is so relatively simple
- and narrow in its scope, see id., at 149 (listing the
- many categories of crimes that can be predicate acts for
- a RICO violation), that -[n]o [comparable] practicalities
- of litigation compel us to search beyond state law for a
- more analogous statute of limitations.- Reed, 488 U. S.,
- at 327. Since, then, a state counterpart provides a
- limitations period without frustrating consequences, it is
- simply beside the point that even a perfectly good
- federal analogue exists.
- The judgment of the Court of Appeals is
- Affirmed.
-